Resources
The Australian Public Service Commission issues publications, advices and circulars, reports, speeches and media statements to agencies outlining changes in APS people and performance management. The following are current under the Public Service Act 1999, unless otherwise indicated.
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211 result(s) found, displaying 81 to 90Fact sheet: Key roles in the misconduct process
Fact sheet
There are a number of key roles in a misconduct process, and agencies need to consider whether it is appropriate for the same person to fulfil more than one.
Fact sheet: Changes in role, assigning different duties, and suspension
Fact sheet
Agencies should consider whether it is appropriate for the person under investigation to remain in their current role, or in the workplace, while the misconduct process takes place.
Fact sheet: Overview of misconduct investigations
Fact sheet
Undertaking a misconduct investigation includes gathering and assessing evidence—and, in many cases, preparing an investigation report—to inform a breach determination that is sound and defensible.
Fact sheet: Recordkeeping requirements
Fact sheet
Records relating to misconduct action need to be kept separate from the personnel file of the employee or former employee.
Fact sheet: Additional resources
Fact sheet
This factsheet outlines a range of additional resources that may be helpful when planning or conducting misconduct investigations.
Fact sheet: Raising behavioural concerns and reporting suspected misconduct
Fact sheet
The Australian Public Service Commissioner’s Directions 2022 (the Commissioner’s Directions) provide that upholding the ‘Ethical’ Value requires each employee, having regard to their duties and responsibilities, to report and address misconduct and other unacceptable behaviour by public servants in a fair, timely, and effective way (s.13(f) of the Commissioner’s Directions).
Fact sheet: Preparing for a misconduct investigation
Fact sheet
Preparing for a misconduct investigation includes scoping and planning, formulating allegations, and notifying an employee or former employee that they are the subject of a misconduct investigation.
Fact sheet: Procedural fairness in breach decision-making
Fact sheet
Generally, administrative decisions, such as those taken in the misconduct process, must have regard to procedural fairness.
Fact sheet: Making a breach determination
Fact sheet
The process of determining a breach of the APS Code of Conduct (Code) requires the decision-maker to decide, after weighing the evidence, whether or not the person under investigation has on the balance of probabilities done what they were alleged to have done, and then to decide, as a consequence, whether or not the person has breached a particular element or elements of the Code.
Fact sheet: Imposing a sanction
Fact sheet
Once a determination has been made that an employee has breached the APS Code of Conduct (Code), the next stage in the misconduct process is the consideration of an appropriate sanction.